A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed

HOW ODD THAT MASSACRES MOSTLY HAPPEN IN "GUN-FREE ZONES"! When will the brain-dead Left wake up and draw the obvious conclusion? Gun bans kill kids

Sunday, January 12, 2014

MI:Grand Rapids Open Carry Lawsuit Unedited Video: No evidence of "Talking to Nobody"

Yesterday I posted the story where mlive.com had obtained the dashcam video of the incident where Grand Rapids police Officer Moe drew his firearm and aimed it at Johann Deffert, who was walking on a sidewalk from a local restaurant to his home about noon of March 3rd, 2013. Mr. Deffert and his attorney have filed a lawsuit against Grand Rapids for violation of his rights.

In the video that was edited by mlive.com, it seemed that Mr. Deffert was confirming that he had been talking to himself as he walked down the sidewalk. Mlive.com reporter John Agar reported that Officer Moe said that Mr. Deffert was talking to himself.

The man was also "talking to nobody.”

Nowhere in the unedited video does it show that Mr. Deffert is talking to himself. In the unedited video, where I found the audio much easier to understand, it is clear that it is not Mr. Deffert who is confirming that he was talking to himself, as I mistakenly reported yesterday. It is one of the officers that is now on the scene, repeating the allegation that Mr. Deffert was talking to himself, saying: Yeah, you were walking down the road, talking to yourself. It may be Officer Moe repeating his allegation. Mr. Deffert just says a noncommittal "OK" after that assertion.

The only indication that Mr. Deffert was ever talking to himself is the statement by Officer Moe, well before he ever makes contact with Mr. Deffert. When officer Moe first says it, he is too far from Mr. Deffert to know. He is in the patrol car. The mike in the patrol car which clearly picks up Officer Moe's words and traffic noise, does not give any indication that Mr. Deffert is talking to himself. Mr. Deffert's back is to Officer Moe, and he is a significant distance away, walking away. He is not wildly gesturing or doing anything out of the ordinary. He is just walking.

City Attorney Catherine Mish says the police response was “very reasonable” with Deffert, alone, talking loudly outside of a church service.

This is not unreasonable, given the report filed by Officer Moe:

“Deffert was alone, and was loudly talking to himself,” Moe wrote.
“Based on the area, and Deffert’s unusual behavior, R/O (responding
officer) was concerned Deffert may have mental issues and was about to
commit a violent crime."

The problem is that the unedited dashcam video only coincides with what Officer Moe says on one point: Mr. Deffert was alone. There is no collaboration that Deffert was talking to himself, loudly or not. It does not support the statement of City Attorney Catherine Mishthat Mr. Deffert was"outside of a church service." Mr. Deffert was well past the church in question when Officer Moe sees him. He is simply walking down the sidewalk. Nothing in the 911 call or radio traffic that I have heard says anything about Mr. Deffert talking to himself or doing anything illegal or unusual, except that Mr. Deffert is exercising his right to bear arms. In fact, the 911 caller is uncertain if open carry is legal or not, and affirms that Mr. Deffert is carrying the pistol in a holster. The Dispatcher tells the caller that open carry is legal. This is very similar to the Madison, Wisconsin case that ended up being settled out of court for $10,000.

The question is, where does Officer Moe come up with the assertion that Mr. Deffert is talking to himself? There does not seem to be any evidence for this assertion, which is stated well before Officer Moe is any position to be able to determine it. The assertion that Mr. Deffert is doing this in front of a Church is obviously something that Officer Moe could not know, because he has no contact with Mr. Deffert until Mr. Deffert is well past the Church, which is on the other side of the street and set well back from the side walk.

On review of the unedited video, the case looks much stronger for Mr. Deffert and his attorney.

Background

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” -- Thomas Jefferson

Syndicated columnist Charley Reese (1937-2013): "Gun control by definition affects only honest people. When a politician tells you he wants to forbid you from owning a firearm or force you to get a license, he is telling you he doesn’t trust you. That’s an insult. ... Gun control is not about guns or crime. It is about an elite that fears and despises the common people."

The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles -- Jeff Cooper (1920-2006)

Note for non-American readers: Crime reports from America which describe an offender just as a "teen" or "teenager" almost invariably mean a BLACK teenager.

We are advised to NOT judge ALL Muslims by the actions of a few lunatics, but we are encouraged to judge ALL gun owners by the actions of a few lunatics.

Two lines below of a famous hymn that would be incomprehensible to Leftists today ("honor"? "right"? "freedom?" Freedom to agree with them is the only freedom they believe in)

First to fight for right and freedom,
And to keep our honor clean

It is of course the hymn of the USMC -- still today the relentless warriors that they always were.

The intellectual Roman Emperor Marcus Aurelius (AD 121-180) said: "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

How much do you know about Trayvon Martin? Did you recognize him in the picture above? If not you may need to know more about him. It's all here (Backups here and here)

“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” -- Robert A. Heinlein